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INSURANCE RW ON FILE WORK MAY NOT, PROCEEDN-2011-049 CLERK OF COUNCIL -01 DATE MAY 2 SERVICE PROVIDER AGREEMENT O: PRCS (/ ) Silvia Cuevas THIS AGREEMENT, made and entered into this 5"' day of April, 2011 by and between OC Affinity, a California non-profit public benefit corporation (hereinafter "Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of managing aquatic programs to provide swim lessons, aqua aerobics, and coaching of swim team at City owned swimming pools_ B. Provider represents that it is qualified and willing to manage a citywide swim instruction and coaching program. C. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in this field and that any service performed under this Agreement will be performed in compliance with all required professional standards of conduct and in accordance with the terms and conditions of this Agreement, including all attachments hereto. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Provider shall manage the seasonal acquatic program for the City, as set forth in Exhibit A to this Agreement. Provider shall be responsible for all aquatic program operation, payroll and related expenses as it relates to swim lessons, swim team and water aerobics at the five city pools (Memorial, El Salvador, Jerome, Santa Anita, and Salgado). The City shall be responsible for all maintenance, gas, water, electricity and related facility expenses, and recreation swim sessions at all five city pools. This Agreement is designed to benefit the youth and families of Santa Ana by offering additional aquatic programs to the community_ OC Affinity shall maintain records of all registered participants and make those records available to the City as needed and shall provide to City a monthly report of activity, including number of participants registered by class/site 2. COMPENSATION In consideration for the right to use the City facilities, Provider shall be responsible for all program costs (except those facility costs to be assumed by the City as set forth in Exhibit B) and shall have the right to set all fees and retain all program revenues. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 201 1, unless terminated earlier in accordance with Section 1 1, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation &c Community Services Agency and the City Attorney.